This page contains important legal information (the “Terms”). Please read carefully before proceeding further. The Terms below explain the terms of use and legal and regulatory restrictions in relation to the information contained on this website (“InvestorZone” or “Website”) and the countries in which the investment funds described are authorised.
Prior to accessing any page of this Website, you will be required to accept the Terms and agree to be bound by them. You will be required to accept subsequent amendments to the Terms to enable your continued use. If you do not agree to the Terms, please do not access any pages of this Website.
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Please read these Terms carefully. These Terms are a legal document setting out your rights and obligations and those of BNY Mellon Fund Managers Limited (“BNY MFM”) and its associates as defined in section 1152 of the Companies Act 2006 (“Associates”), (together “BNY Mellon” or “we” or “our” or “us”) in relation to the services offered by BNY Mellon through this Website. These Terms contain the full and complete understanding between BNY Mellon and you. These Terms may be amended without notice to you. Your continued use of the Website following any changes made to it will mean that you accept the Terms as amended.
We do not provide you with any investment advice or investment recommendations in providing access to this Website and if you require such advice you should contact a professional financial adviser.
1. Jurisdiction and governing law
The Terms and any and all contracts concluded under them are governed by and shall be construed in accordance with the laws of England and Wales and all references in these Terms to laws and regulations are references to English laws and regulations unless otherwise specified. You agree that any issues or dispute(s) arising out of the Terms or otherwise between us (whether such disputes are contractual or non-contractual in nature, such as claims in tort, for breach of statue, or regulations or otherwise) shall be governed in all respects by English law, and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
InvestorZone is directed only at persons in the UK and is not to be regarded as an offer to buy or sell, or the solicitation of any offer to buy or sell securities in any jurisdiction other than the UK. Persons resident in territories other than the UK should consult their professional advisers as to whether they require any governmental or other consents or need to observe any formalities to enable them to invest in BNY MFM products described in this Website. The provision of the information in this Website does not constitute an offer to purchase securities to any person in the United States or to any U.S. Person as such term is defined under the United States Securities Act of 1933, as amended.
2. Content of Website
Whilst considerable care has been taken to ensure the information contained within this Website is accurate and up-to-date, no warranty, express or implied, is given as to the accuracy or completeness of any information and no liability is accepted for any errors or omissions in such information. Further, to the extent permitted by law, we exclude all warranties, terms, conditions or representations, express or implied, including as to title, merchantability, availability and fitness for a particular purpose, availability of the Website or its contents, freedom from computer virus and non-infringement of third party rights. All products referred to on this Website are subject to change without notice. BNY Mellon may amend the Website and its products and services at any time with or without notice to you. You agree that BNY Mellon shall not be liable to you or to any third party for any amendment, modification, suspension, or discontinuance of the Website or any products or services offered through the Website. BNY Mellon accepts no responsibility for any information contained in any third party website accessed via a hypertext link from this Website, or otherwise. No other person/company may link their website into BNY Mellon's Website without the express written permission of BNY Mellon. The content, accuracy and opinions expressed in such third party websites are not checked, analysed, monitored, guaranteed or endorsed by BNY Mellon. Access to any third party website is at your own risk. You agree that BNY Mellon has no responsibility or liability for any third party website and that BNY Mellon shall not be liable in any way for any damage or loss caused in relation to the content, goods, products or services available through such third party website.
This Website (including but not limited to the computer programs, reports, designs, software, know-how, records, files, documentation and all copyrights, trade marks and other intellectual property and other information available to you within it, except where stated otherwise) is the property of BNY Mellon and/or its licensors.
3. How we will communicate with you
By using InvestorZone, to the extent permitted by law and regulation, we may contact you by electronic means (including by email or secure messaging on InvestorZone) in line with the usual account servicing correspondence we would send to you about your investment. This statement does not apply to marketing correspondence. We are not required to but may contact you by paper means. Please note that there is no guarantee that any email sent will be received, or that the contents of any such email will remain private or unaltered during Internet transmission. We accept no liability for any damages you or others may suffer as a result of the non-receipt or the alteration or loss of confidentiality of any such information.
4. Use of the Website
Use of the Website is at your own risk. You agree that you will only use the Website for your own personal and non-commercial investment use in a way which is consistent with the Terms and which complies with applicable laws, rules and regulations. In particular, you undertake that you will not use the Website to send or upload any material containing software, viruses or other codes, programs or files designed to interrupt, destroy, damage or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt the Website.
You will be responsible for maintaining the confidentiality of your username, password and pin. You agree you will notify BNY Mellon immediately if you become aware of any loss, theft or unauthorised use of your username, password or pin of the Website.
You agree that you will not: sublicense, rent or reverse engineer all or any parts of the Website by decompiling or disassembling (or attempt to do so); use the Website to process the data or business of any third party or use the Website to operate a service bureau or permit any third party to use or run the Website, including for the purposes of providing third party administration services.
With the exception of web browser software or other applications formally approved by BNY Mellon in writing, you agree that you will not use any other software, program or application to access or log on to the Website or to automate the process of obtaining, downloading, transferring or transmitting information to or from the Website.
You will, at your own expense, be responsible for maintaining the necessary computer hardware, software and connectivity to use the Website.
You agree you will not use any command or other feature of the Website for any purpose that would cause harm to BNY Mellon or which is unlawful. You accept full and sole responsibility for all commands and instructions issued by you on the Website. You agree that BNY Mellon may rely and act on instructions issued by you on the Website without further enquiry but may refrain from acting on any instructions if it believes there is unauthorised use of your username, password or pin or that such instructions are otherwise not in accordance with these Terms.
BNY Mellon reserves its right to restrict, suspend or terminate your use of this Website at any time in its absolute discretion.
When registering to InvestorZone, you will be asked to provide your contact details (including without limitation email, telephone, address). It is your responsibility to make sure that any time during your use of the services on InvestorZone, BNY Mellon will have your latest up-to-date contact details. You hereby acknowledge that BNY Mellon will have no responsibility or liability if you do not update your contact details on InvestorZone.
In the event that you as the registered holder redeem/renounce any of your shares on InvestorZone, you hereby authorise BNY Mellon to release monies therefor. You hereby acknowledge that any payment will only be made to you as the registered holder of the shares at our sole discretion through either (i) electronic funds transfer or direct debit to a bank account that has been confirmed in your name, (ii) refund to your debit card used to purchase the units or (iii) cheque (cross “a/c payee”) payable to you and sent to your registered address. In addition, you hereby agree to indemnify BNY MFM and its registrar/administrator from and against all demands, claims, costs, expenses, damages, losses or other monies paid which may be brought against or incurred by BNY MFM as a result of BNY MFM acting in accordance with this authority. Furthermore, you hereby agree to indemnify BNY MFM and their registrar/administrator from and against all losses that may arise from BNY MFM acting in good faith on the basis of incorrect or fraudulent instructions made or purporting to be made under this authority.
The annual reports of the relevant fund will be published within four months of each annual accounting period and half-yearly reports will be published within two months of each interim accounting period. You hereby agree that the short form annual and half-yearly reports will be sent to you as an investor by electronic means only within four and two months, respectively, of the annual and interim accounting periods. The long form annual and half yearly reports will be made available to you as an investor on request.
5. Product availability
The information contained on this Website, does not constitute a distribution, an offer to sell or the solicitation of an offer to buy products or services in any jurisdiction in which such distribution, offer or solicitation is not authorised. Some products detailed on this Website are only available to persons in certain named countries. If you are accessing this Website outside the UK, your local legislation may not permit us to offer products to you in your own country. Please check with a professional financial adviser as to whether such products are available in the country in which you are resident. You are responsible for complying with applicable laws, rules and regulations when accessing this Website.
Where additional services are made available to you through this Website, these may be provided subject to their own specific terms and conditions. You will be required to read and understand any such additional terms and conditions and agree to be bound by them in all respects.
6. Advice
BNY Mellon does not offer investment advice on the merits or suitability of its products and no information contained within this Website should be construed as such.
BNY Mellon only provides information about its own products and services and does not give investment advice based on individual circumstances. We recommend that you consult with a professional financial adviser regarding any investment advice you require.
7. Product information
Any information on the Website relating to the price or performance of any investment product is indicative only, may not be real-time and may not be accurate. The price of any fund or other investment may vary with market conditions and so any data (including any market data, valuations or price data) provided through the Website may be or become inaccurate or out-of-date. BNY Mellon and its licensors accept no liability for the provision of any market data, index data or reference data, including as to accuracy, completeness, availability of a given market, timeliness or otherwise. Past performance of a fund or other investment does not mean that future performance will be similar.
BNY Mellon cannot guarantee that any fund or investment related or any other information available on the Website will be error free. Some information on the Website may be provided by a third party and BNY Mellon will not be liable for any inaccuracy, errors or omissions in the information they provide except where such inaccuracy, error or omission is caused by BNY Mellon’s wilful default or negligence. Information contained on the Website does not constitute a recommendation to buy, sell, or otherwise trade any investments which may be referred to.
8. Investment risks
Anyone considering making an investment should consult their professional adviser. An investor seeking to invest in any product appearing on this Website should only do so after reading the relevant documentation which can include but is not limited to the latest annual report and accounts, the Key Investor Information Document (KIID), the prospectus and any supplements or addenda, the ISA Terms and Conditions and any other prevailing terms and conditions. Past performance of a fund or investment is not a guide to future performance. The value of investments and the income from them is not guaranteed and can fall as well as rise due to stock market and currency movements. When investments are sold, investors may get back less than they originally invested.
9. Dealing
You are required to acknowledge that you have read the relevant KIID for the relevant investment product before entering into a transaction on the Website. A detailed description of the investment objectives, risks, charges, expenses and eligibility requirements of a fund or investment is provided in the relevant investment documentation including the prospectus, annual reports and accounts. Investors should note the investment risks summarised above.
Transactions entered into on the Website will be with BNY MFM as the counterparty. When entering into a transaction on the Website you will be transferred to a secure payment page of a third party payment service provider. The content and operation of the secure payment page is the responsibility of the relevant payment service provider and is not controlled or maintained by BNY Mellon.
We may impose limits on the number of transactions or amounts which may be charged on an individual debit card or by you during any time period. Any such limits are disclosed on the Website, Such limits are subject to change from time to time at BNY Mellon’s complete discretion without prior notice to you. Where permissible, if you wish to make a transaction greater than the stated limit in an investment product detailed on the Website, please contact the Client Service Centre.
You accept full and sole responsibility for all transactions entered into by you via the Website. By using a debit card to pay for your transaction, you confirm that the card being used is yours. If the issuer of your card refuses to authorise payment we may not accept your order and we will not be liable for any delay as a consequence.
You agree that BNY Mellon may rely and act on instructions issued by you, and which BNY Mellon reasonably believes to have been made by you, on the Website without further enquiry. You will be bound by any transaction entered into and any expenses incurred on your behalf in reliance on such instructions.
BNY Mellon may refrain from acting on any instructions if:
- it believes there may be, or is, unauthorised use of your username, password or pin or that such instructions are otherwise not in accordance with these Terms; and/or the details and documents provided by you are incomplete, illegible, inconsistent or otherwise are not in accordance with the details and documents required to proceed with your transaction; and/or
- there is any practice or history of questionable transactions in BNY Mellon’s sole opinion.
BNY Mellon may contact you to verify any instruction or transaction initiated or completed by you via the Website. If you are unsure if any order you have placed has been received or processed please contact the Client Service Centre.
10. Taxation
Except where stated otherwise, the contents of this Website are based on BNY Mellon's understanding of current tax law in the United Kingdom. Whilst we believe the content is correct please note that tax reliefs and the tax treatment of funds can change. The value of any tax reliefs will be determined by, amongst other things, individual financial circumstances and country of residence. If you are in any doubt as to the information on this Website or to your individual circumstances, we recommend that you seek professional tax advice.
11. Liability
To the extent permitted by law, BNY Mellon accepts no legal liability for any loss, damages or expenses, including any direct, indirect, special or consequential loss (including without limitation loss of data, profit, revenue or business opportunity, economic loss or loss of goodwill) which you may suffer or incur by the access or use of this Website or due to any restriction, suspension or termination of your use of this Website, whether or not in the knowledge or contemplation of BNY Mellon at the time. BNY Mellon reserves its right to restrict, suspend or terminate your use of this Website at any time in its absolute discretion. BNY Mellon also reserves the right to modify, restrict, suspend or terminate any or the whole of the services provided via the Website.
BNY Mellon will use its reasonable efforts to keep this Website operational at all times but does not guarantee that the Website or that use of the Website will be free from fault or error nor that the Website will be permanently accessible. Access to the Website may be interrupted or restricted at any time including for routine or emergency maintenance, repairs, to introduce new facilities, products, functionality or services, in the event of any loss, theft or unauthorised use of your username, password and/or pin or if we reasonably believe you have failed to comply with these Terms.
You accept full and sole responsibility for all commands and instructions issued by you on the Website and fully release BNY Mellon from any liability for acting on such commands and instructions. You will be bound by any transaction entered into and any expenses incurred on your behalf in reliance on such instructions. You agree that BNY Mellon will not be liable for any delay or failure of a transaction instructed by you via the Website where the issuer of your card refuses to authorise payment. BNY Mellon will also not be liable for any delay or failure of a transaction instructed by you via the Website where such delay or failure is due to BNY Mellon refraining from acting on such instructions where, in BNY Mellon’s sole opinion:
- there may be, or is, unauthorised use of your username, password or pin or that such instructions are otherwise not in accordance with these Terms; and/or
- the details and documents provided by you are incomplete, illegible, inconsistent or otherwise are not in accordance with the details and documents required to proceed with your transaction; and/or
- there is any practice or history of questionable transactions.
BNY Mellon cannot be held responsible for any disruptions inherent in the operation of the internet and the World Wide Web (including those caused by viruses) beyond BNY Mellon's control and BNY Mellon excludes all liability for direct and indirect losses thereby caused or contributed to. Emails sent over the internet from a source other than the secure areas of the Website, as well as other communications received outside of the secure area of the Website, including communications received over telephone lines, are not secure and BNY Mellon shall not be responsible for their security, and to the maximum extent permitted by law excludes all liability arising from such communications. Further, BNY Mellon does not guarantee the security of any information, commands or instructions transmitted over the internet and shall not be responsible for any security breach with respect to such information, commands or instructions. BNY Mellon will not be liable for any financial loss resulting from you not having complied with these Terms or failure to take reasonable security precautions.
12. Downloading and copying
You may download materials and information from the Website to a single personal computer and/or print a hard copy of any materials and information from the Website in order to help you decide whether to invest in any BNY Mellon product and/or to take advice from a professional financial adviser regarding any BNY Mellon product provided that you do not delete, change or modify in any way such materials and information including copyright notices or disclaimers attaching to such materials and information. Except for this limited licence you may not copy, reproduce, re-publish, upload, post, transmit or distribute any material or information from this Website in any way. Doing so may constitute an infringement of BNY Mellon and/or a third party's copyright and other intellectual property and/or may constitute an infringement of laws, rules or regulations applicable to the marketing or sale of securities.
13. Ownership and copyright
The copyright in the Website and (unless otherwise indicated) its contents (including but not limited to all information, graphics, code, text and design) are owned by BNY Mellon. Unauthorised use of any BNY Mellon name and/or logo is strictly forbidden.
In the event of a professional financial adviser wishing to publish or distribute written marketing or other promotional material based upon the content of this Website, he/she may only do so having first obtained the prior written consent of BNY Mellon.
14. Trade marks
This Website contains names and logos which are trade marks of BNY Mellon. Any use of any of these names and logos would constitute an infringement of those trade marks and is therefore forbidden.
15. Severability
In the event that any part of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable then the remainder of the Terms shall remain valid and enforceable. If any part of these Terms is found by a court of competent jurisdiction to be invalid, then you nevertheless agree that the court shall endeavour to give effect to BNY Mellon's intentions as reflected in the Terms.
16. Waiver
Failure of any party to exercise and delay in exercising any right or remedy under these Terms will not operate as a waiver.
17. Assignment
You shall not assign these Terms or any of your rights and obligations hereunder without BNY Mellon’s prior written consent.
18. Regulatory information
Each of the funds detailed on this Website is authorised and regulated in the United Kingdom by the Financial Conduct Authority. BNY MFM, a company incorporated in England and Wales under registered number 01998251 and authorised and regulated by the Financial Conduct Authority, is the Authorised Corporate Director/Manager of these funds and the ISA manager, and is located at BNY Mellon Centre, 160 Queen Victoria Street, London EC4V 4LA.
19. Cookies
Our Website uses cookies. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy.
20. Linking
We do not endorse, and do not accept responsibility for the content of any Website not operated by BNY Mellon which you may visit by following a link from this Website.
No other Website, without the prior written permission of BNY Mellon is authorised to link to any part of this Website other than the home page, nor when so linking, to place, integrate or display any bar, frame or partial frame or any additional branding or graphic around the view of this Website presented to the internet user.
21. Client Classification
Under the Financial Conduct Authority Conduct of Business rules we are required to classify our investors.
We classify you as a Retail Client unless otherwise notified. This means that you will have the maximum amount of protection available for complaints, compensation and will receive information in a straightforward way. However some clients e.g. professionals may not necessarily have the same rights under the Financial Ombudsman Service and the Financial Services Compensation Scheme. Further details may be found on our website www.bnymellonim.co.uk under Client Classification and for further information on compensation limits please visit www.fscs.org.uk.
22. Cancellation Rights for ISA Investors
If you choose to cancel your ISA investment within the cancellation period, your current year ISA subscription will be deemed ‘void’, therefore allowing you to utilise the subscription with another ISA manager. However, if you fail to cancel within the 14 day cancellation period, your ISA would be sold and you will be unable to subscribe to a stock and shares ISA with another ISA manager in the current tax year.
This notice deals with your statutory right to cancel and does not affect your common law right to withdraw an order, application or proposal before it has been accepted.
23. Client Money
Any cash which we hold on your behalf as client money will be held at an appropriately regulated bank or institution of our choice in the UK in accordance with our obligations under the FCA’s client money rules. No interest will be paid on such cash although we reserve the right to do so.
Any such bank or institution will hold cash on our behalf in a trust account separate to any account used to hold money belonging to us in our own right. We conduct ongoing due diligence in relation to any bank or institution with whom we deposit cash on behalf of our clients.
To the extent we are permitted to exclude liability under law or regulation, we will not be responsible for any acts or omissions of the bank or institution we may appoint to hold client money.
If the bank or institution where your money is held becomes insolvent, we may or will be treated as an unsecured creditor by the bank or institution and, subject to insolvency laws of the UK and any other relevant jurisdiction, we will have a claim on behalf of our clients. If however the bank or institution cannot repay all of its creditors, any shortfall may be shared pro rata between them. You may also be entitled as an individual to claim from the Financial Services Compensation Scheme in respect of the total cash you hold directly and indirectly within the failed bank or institution.
If we run into financial difficulty and cannot meet our obligations, your cash will not be available to our creditors. You are also covered by the Financial Services Compensation Scheme. You may be entitled to compensation from this scheme. Further information is available from the Financial Services Compensation Scheme, www.fscs.org.uk.
24. Telephone calls
Telephone calls with BNY Mellon may be recorded and retained for training or monitoring purposes.
25. Compensation
You may be entitled to protection by the Financial Services Compensation Scheme if you are an eligible claimant under the rules of the Financial Conduct Authority. You may be entitled to compensation from the scheme if BNY MFM cannot meet its obligations. Further information about compensation arrangements is available from the Financial Services Compensation Scheme, www.fscs.org.uk.
26. Complaint Process
Should you wish to complain about any aspect of the service you have received, you should, in the first instance contact our Client Service Centre. A copy of our complaints handling procedure is available on the link below.
If your complaint is not resolved to your satisfaction, you have the right to refer your complaint to:
The Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
London E14 9SR
Consumer Helpline: 0845 080 1800
E-mail: complaint.info@financial-ombudsman.org.uk
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